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Kailash Kanwar Rathore (Smt.) & Ors. vs. State of Rajasthan

52.00 5.20

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Code of Criminal Procedure, 1973–Sec. 102 [Corresponding Sec. 106 of BNSS, 2023]–Governing principles :
(1) The use of terms such as ‘seize’ and ‘produce’ as included in the provision indicates that the phrase ‘any property’ as used in Section will apply only to movable property and excludes immovable property.
(2) For the purpose of Section 102 of the Cr.P.C., the property must be either :
(i) alleged or suspected to have been stolen; or
(ii) have a nexus between the property and the commission of the crime.